Max Konarek Profile

Max Konarek, one of the Family & Childcare Partners at GT Stewart Solicitors considers the law around Exoneration and why it is important as a legal practitioner in family proceedings to consider whether the evidence in your client’s case meets the test for them to be exonerated of the of the allegations made against them. This is particularly important in the context of the emotional and psychological impact such allegations have upon your client.

The Psychological Importance of Exoneration from Allegations of Abuse in Family Proceedings

The Law

The relevant law is relatively straightforward when it comes to the exoneration of an individual in family court proceedings.

A finding not being proved is not the same as a finding that the person making the allegation has lied Re M (Children) [2013] EWCA Civ 388.

The Court must be satisfied that the evidence supports exoneration and the test is set out in AA & 25 Ors (Children) [2019] EWFC 64 per Sir Mark Hedley:

“[267] I should make it clear that the legal consequences of exoneration are no different to those where the court has simply declined to make a finding. That is clear from the binary approach adopted by the House of Lords in Re B:

if abuse is not proved against a named person, then it must for all purposes be treated as not having happened. Any such person is not and          must not be treated as being left under a cloud of suspicion.

[269] So what is the test for exoneration? All parties agree that it is more than simply a finding that a specific allegation has not been proved against them. I suggested an analysis that whilst the legal burden of proof at all times remains on the local authority, a party seeking exoneration assumes an evidential burden to satisfy a court of their innocence on a balance of probabilities. No one sought to suggest that was wrong nor to argue for any particularly different approach.

[269] How then should the court approach this matter? In my judgment, where the court accepts that a party has given frank evidence, specifically accepted by the court, then the court should say so, and assuming that evidence to be consistent with exoneration, the court should say that too. That is conceptually clear, simple, and in accordance with justice. On the other hand, where the court has heard evidence about which the court has doubts or indeed concludes that it has not been wholly frank, then, although declining to make a finding, it should go no further than that. Inevitably there will be some cases in the border lands and they will have to be resolved on their own facts. I stress, however, that no legal consequences flow from this”

The Law: Discussion

Exoneration in cases of abuse allegations is distinct from a simple “no finding” result. In AA & 25 Ors (Children),  the court’s decision to explicitly exonerate individuals underscores the importance of going beyond avoiding a negative legal ruling and affirming innocence. However, exoneration requires the accused to meet an evidential burden to satisfy the court of their innocence on the balance of probabilities. According to Sir Mark Hedley in the case of AA & 25 Ors (Children), exoneration serves as a crucial step toward removing this stigma. Hedley stated, “any such person is not and must not be treated as being left under a cloud of suspicion.” This judicial acknowledgment reflects the reality that exoneration is essential not only for legal clarity but also for emotional and psychological healing .

This distinction was also recognized in the case of Re BB (Children) [2021] EWFC 2021, where the court acknowledged that individuals may still feel tainted by unresolved suspicion, even when no findings are made against them. Exoneration provides closure by eliminating that lingering doubt, allowing the individual to move forward with their life.

Similarly, the case of Re B (Minors) [2008] UKHL 35 highlighted the burden of proof in family court proceedings, where allegations of abuse must be proven on the balance of probabilities. The court stressed that the accuser bears the burden of proving that abuse occurred, underscoring the importance of thorough evidence evaluation before making any legal findings

The case of Re H-N and Others (children) (domestic abuse: finding of fact hearings) [2021] EWCA Civ 448 highlights the importance of the court’s duty to assess all evidence fairly and thoroughly, including the evidence provided by the accused. In this case, the court emphasized that professionals must not jump to conclusions without properly weighing the credibility of the evidence.

Professionals, such as social workers, are often placed in the difficult position of investigating abuse allegations. In their efforts to protect children, they may be overly cautious, leading to situations where mere suspicions are treated as facts. This cautious approach can have devastating consequences for the accused.

For professionals involved in these cases, there is a delicate balance between protecting vulnerable children and ensuring that the accused are treated fairly. A cautious approach is necessary, but it must not come at the expense of unjustly condemning an innocent individual. Exoneration, both legal and psychological, is the true path to justice for the accused.

The Emotional and  Psychological Toll of False Allegations

Accusations of abuse, particularly those involving sexual or physical misconduct, carry an immense psychological burden. For the accused, these allegations can lead to feelings of shame, isolation, and even helplessness. The social stigma attached to such accusations often persists long after the legal process has concluded. Without formal exoneration, even individuals cleared of wrongdoing can continue to live under a cloud of suspicion, with lasting consequences on their personal and professional lives.

For many, merely avoiding a negative legal finding does not bring closure. Instead, it is the explicit statement of innocence that helps to alleviate the emotional distress caused by the accusations. This is especially true in cases involving sensitive issues like abuse, where the reputational damage can be life-altering.

The psychological relief that follows formal exoneration extends far beyond the courtroom. For many individuals falsely accused of abuse, being exonerated is not merely a legal vindication; it is an emotional and personal reclamation. Once exonerated, individuals can begin to rebuild their lives, restore damaged relationships, and reclaim their reputation in both personal and professional spheres.

In AA & 25 Ors (Children), the court’s exoneration of individuals accused of abuse had a profound effect on their ability to re-establish themselves in their communities and regain their self-worth. In cases like these, even a judgment that no abuse occurred does not suffice to erase the psychological scars caused by months of legal proceedings. Formal exoneration allows the accused to move on, free from the burden of suspicion.

This sentiment is crucial in understanding the emotional toll of abuse allegations. For those accused, the stakes are not just legal but deeply personal. Without formal exoneration, even an innocent individual may feel as though they are forever marked by the accusation.

The psychological impact of exoneration in family proceedings involving allegations of abuse cannot be overstated. For the falsely accused, exoneration is not just a legal formality but a crucial step toward emotional recovery and reputational restoration. Without a formal declaration of innocence, the accused may continue to suffer the consequences of the accusation long after the court has made its ruling.

References

Max Konarek
Partner and Joint Head of the Family & Childcare Department
GT Stewart Solicitors

Max is a specialist Child Protection Solicitor and is accredited on the Law Society’s Children Panel. He represents clients based in the UK and Worldwide.

His experience extends to cases that include the death of a child, shaken baby allegations, non-accidental injuries, sexual abuse, Fabricated or Induced Illness (FII) in all levels of Court from the County Court to the High Court, Court of Appeal and Supreme Court.

Max has a particular interest in representing clients that are neurodiverse, vulnerable adults with learning difficulties or disabilities (including those where the Official Solicitor has become involved), foreign nationals, clients from the Romany Gypsy and Travelling communities.

View Max’s full profile here

Max can be contacted – m.konarek@gtstewart.co.uk